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August 1, 2007

Top-side briefs in Gall and Kimbrough

All the briefs on the petitioners/defendants' side of the two pending SCOTUS reasonableness cases, Gall v. United States and Kimbrough v. United States, were filed last week. I believe all of these briefs can be accessed at this page created on the New York Council of Defense Lawyers ("NYCDL") website.  (In addition, Paul Rashkind has assembled a lot of the briefs here, and I believe they will also appeal on this defender website eventually.)

I have only so far had a chance to read some of the briefs (in part because I was helping with this NYCDL brief in Gall).  There appears to be a lot of interesting and important post-Rita work being done in these briefs, and readers are encouraged to spotlight particular efforts and passages they consider especially notable.  I hope to find time after the bottom-side briefs are filed to comment on what the Justices might think about what they are being told.

UPDATE:  I have been told that briefs on the defender website are available here for Gall and here for Kimbrough.

August 1, 2007 at 08:07 PM | Permalink

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Comments

After just a skim of the NYCDL brief, I've got to say, very nice job. And that attack on the Eighth Circuit's "100% variance" nonsense is beautiful.

Posted by: David in NY | Aug 2, 2007 12:34:09 PM

Oh, and that's Paul Rashkind.

Posted by: David in NY | Aug 2, 2007 12:35:25 PM

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